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1990-38 PUD Harbour Point MarinaORDINANCE N0. 38-90 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "HARBOUR ' POINT MARINA" UPON THOSE CERTAIN LANDS COMPRISING 13.66 ACRES LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF; SAIll LANDS TO BE DEVELOPED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AS SET FORTH IN THE INDEX ATTACHED HERETO AS COMPOSITE EXHIBIT "B" AND WHICH PLANS AND SPECIFICATIONS ARE EXPRESSLY MADE A PART HEREOF; ALLOWING CONSTRUCTION AND DEVELOPMENT TO TAKE PLACE IN PHASES; PROVIDING FOR A CASH CONTRIBUTION AS A CONDITION FOR THE APPROVAL OF THE BOUNDARY PLAT; PROVIDING FOR PLAT APPROVAL; SETTING FORTH REQUIREMENTS TO BE MET BY THE PETITIONER PRIOR TO ISSUANCE OF THE INITIAL BUILDING PER- MIT; PROVIDING FOR TIME OF COMMENCEMENT AND TIME OF COM- PLETION FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR APPROVAL OF SIGNAGE AND TEMPORARY SALES CENTER BY THE VILLAGE COUNCIL; PROVIDING PROCEDURE FOR I40DIFICATIONS TO THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR THE RE- PEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR Atd EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUIQCIL OF NORTH PALM BEACH, FLORIDA: ' Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby create a Planned Unit Development known as "HARBOUR POINT MARINA" upon the land described in Exhibit "A" attached hereto and made a part hereof, said lands comprising a 13.66 acre tract in the Village of North Palm Beach located adjacent to and north of Monet Road, west of the Intracoastal Waterway. The underlying zoning of the Planned Unit Development is C-1 Neighborhood Commercial District as provided by Appendix C-Zoning of the Code of Ordinances of the Village of North Palm Beach. Section 2. "HARBOUR POINT MARINA" Planned Unit Development shall be developed in accordance with the plans and specifications ' as set forth in the Index attached hereto as Composite Exhibit "B" and expressly made a part hereof; provided, however, the height of the residential building shown in Exhibit "B" as seven (7) stories is hereby reduced to a maximum of four (4) stories or forty (40) feet and Petitioner shall be required to amend Exhibit "B" accordingly. Prior to a building permit being issued for such residential building, the amended Exhibit "B" shall be presented directly to the Village Council for approval by Resolution after review by the Planning Commission. In the ' event there is any conflict between the terms of this Ordinance and any Exhibits attached hereto, the terms of this Ordinance shall prevail. Section 3. Construction of the project may be undertaken in the separate phases as depicted on the Site Plan attached as part of Composite Exhibit "B"; provided, however, the order of phasing construction shall beat the discretion of the Petitioner. Section 4. In lieu of the Petitioner dedicating five (5%) percent or more of the area of the lands comprising the Planned Unit Development for public use, the Petitioner shall pay to the Village of North Palm Beach, a cash contribution of $150,000.00. The cash contribution shall be paid upon issuance of the first ' building permit (other than for the marina operations building generally located in the vicinity of the fuel dock as shown on the Exhibit "B" site plan, and other than building permits issued for maintenance and repair of existing facilities currently located on the Exhibit "A" property) or three (3) years from the effective date hereof, whichever first occurs. The payment of the cash contribution specified in Section 4 of this Ordinance shall satisfy the requirements of Section 36-23 entitled Public Site and Open Spaces of the Code of Ordinances, which requires dedication of land for public use or a cash contribution as a condition for the approval of a preliminary plat. If additional platting or replatting of subject real property is ' accomplished after the boundary plat called for in this Ordinance, no additional cash contribution or dedication of land shall be required. The foregoing cash contribution shall satisfy all impact fees to the Village; however, in addition thereto, the Petitioner shall -2- pay to the County of Palm Beach all impact fees in accordance with the requirements of the Palm Beach County Code. Section 5. Prior to the issuance of a Building Permit for any structure or building upon the real property described in Exhibit "A", (other than for the marina operations building generally located in the vicinity of the fuel dock as shown on the Exhibit "B" site plan, and other than building permits issued for maintenance and repair of existing facilities currently located on the Exhibit "A" property), the Petitioner shall provide as a minimum a preliminary boundary plat for the entire project for approval of the Village Council. The approval of said boundary plat shall be by a subsequent Resolution of the Village Council. The executed mylar of the plat shall not be delivered for recording until the bond, letter of credit or escrow agreement specified in Section 6 of this Ordinance is filed with and approved by the Village Manager. Section 6. Prior to the issuance of a Building Permit for any structure or building upon the real property described in Exhibit "A", (other than for the marina operations building generally located in the vicinity of the fuel dock as shown on the Exhibit "B" site plan, and other than building permits issued for maintenance and repair of existing facilities currently located on the Exhibit "A" property), the Petitioner shall provide the Village with a performance bond, letter of credit or escrow agreementin a form approved by the Village in a sum of money prescribed by the Village and shall be posted with the Village of North Palm Beach to assure the completion of on-site roadways, drainage and utility improvements required for the Planned Unit Development. From time to time as improvements are t completed and approved by the Village of North Palm Beach, the amount of the performance bond, letter of credit or escrow agreement shall be reduced by a proportionate amount. Upon completion of all on-site roadway, drainage and utility improvements required for the Planned Unit Development, the Village shall release said -3- performance bond, letter of credit or escrow agreement. Section 7. The initial phase of development in the Planned Unit Development shall be commenced within three (3) years from the effective date hereof; provided, however, Petitioner may obtain an extension of one (1) additional year ' to connnence the first phase for good cause shown by approval by subsequent Resolution without necessity of advertisement or public hearing. All phases of development in the Planned Unit Development shall be completed within ten (10) years. If Petitioner fails to commence the initial phase of development or complete all phases of development as required, the Planned Unit Development and underlying zoning usage of C-1 Neighborhood Cormnercial District shall remain until such time as the Petitioner secures renewal or amendment of development, which renewal or amendment shall be in the discretion of the Village Council. Section 8. All signage for any phase of the Planned Unit Development and any temporary sales center site must be approved by subsequent Resolution of the Village Council without the necessity of review by the Planning Commission, advertisement or public hearing. Sectiori 9. Modifications to the Planned Unit Develop- ment that are determined to be ninor by the Village Council may be approved by subsequent Resolutions without the necessity of review by the Planning Commission, advertisement or public hearing. Section 10. All references to Petitioner and/or Developer, together with all requirements of this Ordinance ' shall apply to and be binding upon the successors and assigns. Section 11. No Building Permit for any phase of the Planned Unit Development (other than for the marina operations building generally located in the vicinity of the fuel dock -4- as shown on the Exhibit "B" site plan, and other than building permits issued for maintenance and repair of existing facilities currently located on the Exhibit "A" property) shall be issued until the drainage and paving plans for development of the particular phase of the Planned Unit Development shall be ' approved by the Village Engineer and all other building requirements of the Village of North Palm Beach Code and require- ments of other governmental agencies, if necessary, shall be met. Section 12. Petitioner, prior to the issuance of the first Building Permit within the Planned Unit Developme nt, (other than for the marina operations building generally located in the vicinity of the fuel dock as shown on the Exhibit "B" site plan, and other than building permits issued for maintenance and repair of existing facilities currently located on the Exhibit "A" property), shall deliver to the Village a Unity of Control in requisite form to be approved by the Village Attorney, requiring the lands described in Exhibit "A" to be developed in accordance with the Exhibit "B" plan. Section 13. If any part or portion of this Ordinance is found to be void or defective, the remainder of the Ordin- ance shall continue in full force and effect. Section 14. All Ordinance or parts of Ordinances in conflict herewith are hereby repealed. Section 15. This Ordinance shall take effect immediately upon passage. PLACEll ON FIRST READING THIS 26TH DAY OF JULY 1990. PLACED ON SECOND, FIIQAL READING AND PASSED THIS :.157 DAY OF NOVEMBER 1990. ~/Gf '~a'<'~~y-S ~ !tel. f]. (Village Seal) ATTEST: .-~~er; Q ~7i Q i age er -5- EXHIBIT "A" ' I~Ulllt 'I'ItAl;l;'i UI~ I.AIIU 111 '1'111{ ~ SUII'I'lll':A~1' IIUAIfI'IiH (5.1•~.l/4) UI' ;ik',l'1'lUtl 5, ' IUWNSIUP 42 5UU'I'll, KANGE 47 IiAS'l', I'AU•I ISI{ACII CUIIN'l'Y, FLUKIUA, HUHE PAR'l'1CULAIt1,Y UIiSCH11Sk;U AS fl)LLUWS: 'I'ICn(:I' 1 '1'111: IiAS'I' IIAI.1•' (I:AS'!' 1/'l.) UP 'I'lIE SUU'I'111iAS'l' t)UAK'1'EN (S.E.1/4) Ut '1'lIE SUU'1'lIWl;S'1' l2UAR'1'I:H (S.W.I/4) U!' '1'111: SUU'1'll['.AS'l' (lUAk'I'lik (S.k:.l/4) LFaS '1'lIE SUU'lll GU FEIa' FUH k1Cll'1'-Uk'-'S'AY OF FIUNE'l' kUAU. , 'I'I(ACf 2 . 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'I'U A PU1N'l' Ok' 1N'1'EKSF.C'l'lUN Wl'fll 'fllE NUk1111•:HLY klt;ll'1'-UI'-WAY I,INI: OF k1UN1•:l' RUAU A5 NOW I.AIU UU'l' ANU iN USF,; 'fIIENCE NUHI'll tt+f't)G'3y" WIiS'I' AI.l1N(: tiAIU NUk'1'lIEk1.Y kICll'1'-UF-WAY LINE ANU PARALLEL W11U T11E :;uU'I'll WNP,, Uk' SAIU SECI'IUN S, A DISTANCE OF 15U.OU k'Etf 9'U A PUiNT; IHENCE SUU'1'll 1'53'21" WEST DEPAk1'!NC FRUN .SAIU NUkTIIERLY RICIIT-UF-WAY LINE A U1S'fANCt: OF IS.U FEk:(' '!'U A PUINTI 'fIIENCE SUU'171 6B'UG'39" EAST, PARALLEL NIT)1 '1'lIE 50U'1'll L1NE OF SAIU SECTION S, A llISTANC,F, OF 152,72 FEET 1'0 TIIE PUINl' OF ISEGINNINC. 1'I(A(CI' /. 'I'lll~ I~AS'I' (INI'.-IIALF OF 'I'IIF, Wliti'1' ONE-IIAI,k' Ol~ '1'lil'; SUU'l'IIRAS'I' UNI~••'~IAR'fk;lt Ut...:1'll1•, bUUIIIWIiSI' Uttl(-(lUAkl'I;H Ul' '1111•: SUII'!'llli,l`il' UII~;-()UAk'IL•'k UI' NI:1; 'UN (1. '1'UItNSllll' 42 SUU'111, knN(;li 43 k:AS'I'. CUN'I'AININC IN AI.I, 17.(iG ACHES, k1UItE UH I.E:~S. SUIUIiC'I' '1'U k1Cll'1'S-Ul•'-WAY, IiASFl•IGN'I'S ANU U'1'lll•:R k1A'I"I'IiKS UP HI•;CUka+. AND THE 60 F00T RIGHT-DF-WAY OF MONET ROAD LYING WEST OF THE WEST RIGHT-OF- WAY LINE OF THE. INTRACOASTAL WATERWAY AND LYING EAST OF THE EAST RIGHT-DF-WAY LINE AT PROSPERITY FARMS ROAD AS LAID OUT AND 1N USE. COMPOSITE EXHIBIT "B" 1 u i~ 1. Plans and elevations prepared by Architectural Design Associates dated August 1989 identified as "HARBOUR POINT MARINA" and consisting of four (4) sheets (identified as Sheets 1, 2, 3 and 4); 2. Landscape Plans prepared by Blakely and Associates, consisting of three (3) sheets identified as (a) Perimeter Landscape Plan, dated August 27, 1987; (b) Conceptual Perimeter Landscape Plan, dated November 8, 1989; and (c) Harbour Point Marina Concept Landscape Plan; 3. Sketch consisting of one (1) sheet bearing revised date of October 19, 1989, identified by the notation "Preliminary Perspective Study by W. McTammany for Architectural Design Associates of Harbour Point Marina." 4. Copy of Preliminary boundary Plat of Harbour Point P4arina consisting of one (1) sheet and prepared by Kenneth L. Scrape, P.L.S., and dated October, 1990.